senate Bill S3061

2011-2012 Legislative Session

Relates to the procedural continuity of legislation during the two-year session

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to investigations and government operations
Feb 08, 2011 referred to investigations and government operations

Co-Sponsors

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S3061 - Bill Details

See Assembly Version of this Bill:
A4694
Current Committee:
Law Section:
Legislative Law
Laws Affected:
Add §42-a, Leg L
Versions Introduced in 2009-2010 Legislative Session:
S2891, A6073

S3061 - Bill Texts

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Provides that bills which have reached order of third reading but which shall not have been acted on by the house before the end of the first year of the two-year legislative session shall maintain its place on the order of third reading until the house shall act on such bill or until the end of the two-year legislative session unless such bill shall have been amended, in which case such bill may be referred back to a standing committee for reconsideration; sets forth exceptions for budget bills, bills requiring a home rule message, constitutional amendments and bills requiring a fiscal note.

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BILL NUMBER:S3061

TITLE OF BILL:
An act
to amend the legislative law, in relation to the continuity of
legislative sessions

PURPOSE:
Enhances the continuity of the two-year, legislative session by
allowing all bills to "carryover" (keep their place on the
legislative calendar between the first and second years of a session).

SUMMARY OF PROVISIONS:
Relates to the procedural continuity of legislation during the two
year session.

Section 1 declares the legislature's intent to create a continuous
two-year "carryover" legislative session.

Section 2 adds a new section 42-a to the legislative law providing
that during the second year of the two year session, bills will
remain at the same place in the process as they were when the first
year ended. The bill stipulates that:

1. A bill that passes one house of the legislature will automatically
be sent to the appropriate committee of the other house for action,
and that house may act on the bill at any time during the remainder
of the two-year session.

2. No bill reported to the standing committee shall be referred back
to that committee unless the bill is amended.

3. Every bill that reaches the order of third reading shall remain on
that order until it is acted upon by that house or until the end of
the two year session, unless the bill is amended and hence referred
back to a standing committee.

4. These new provisions do not apply, however, to budget bills, bills
requiring home rule messages, bills amending the New York State
Retirement Program, or concurrent resolutions to amend the
constitution.

JUSTIFICATION:
Like most states, New York operates on a two-year legislative
calendar. According to the National Conference of State Legislatures,
14 states including California, Massachusetts, Michigan, Ohio,
Pennsylvania and Wisconsin use continuous two-year sessions. Unlike
these states, however, New York disrupts the procedural continuity of
bills at the end of the session's first year. In a system unique to
New York, a house of the legislature must again pass in year two any
bill it has passed in year one, if the other house did not act upon
the bill. In addition, bill reported favorably out of committee, but
not yet voted on by the full house, revert back to committee. In each
second year of the two-year legislative session, the Senate and the
Assembly reconsider and readopt hundreds of bills passed during the
previous year because of these requirements.


This cumbersome process wastes time and money that could be spent on
new state business. Unless a bill is amended, there is no reason to
pass it twice during the same session. Carrying over bills between
the first and the second years of session, without interruption, will
stop the waste of legislative days spent reconsidering bills in
committee and re-passing bills on the floor, and will give lawmakers
and staff more time to conduct other important business. Creating a
continuous two-year session is common sense government and will
increase the efficiency and effectiveness of this government.

LEGISLATIVE HISTORY:
S.2891 of 2009: Referred to Judiciary
S.5514 of 2007: Referred to Investigations & Government Operations

FISCAL IMPLICATIONS:
Savings from streamlining the legislative process.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date it become law; provided, that the Senate and Assembly shall, by
concurrent resolution, adopt rules necessary to implement this act
within twenty days after such act shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3061

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by Sens. BONACIC, DILAN, KRUEGER, O'MARA, OPPENHEIMER, VALE-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted to the Committee on Investigations and Government Operations

AN  ACT  to  amend the legislative law, in relation to the continuity of
  legislative sessions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent. The legislature finds that while New
York and most other states operate on  two-year  legislative  calendars,
only  the  legislature  of  the  state of New York interrupts procedural
continuity of legislation during the  two-year  session.  This  practice
commonly  requires  the  reconsideration  and  readoption of hundreds of
bills during the  second  year  which  were  previously  considered  and
adopted  during  the  first  year.  The legislature determines that this
practice is usually unnecessary and  expends  time  and  taxpayer  money
which could be better spent addressing other important legislative busi-
ness.  The  legislature  therefore  declares  its intent to preserve the
procedural continuity of  all  bills  within  the  biennial  legislative
session.
  S  2.  The  legislative law is amended by adding a new section 42-a to
read as follows:
  S 42-A. CONTINUITY OF LEGISLATIVE SESSIONS. 1. UPON PASSAGE OF A  BILL
BY  ONE  HOUSE OF THE LEGISLATURE, SUCH BILL SHALL AUTOMATICALLY BE SENT
TO THE APPROPRIATE COMMITTEE IN THE OTHER HOUSE FOR ACTION ON SUCH BILL,
WHERE THAT HOUSE MAY ACT ON THE BILL AT ANY TIME DURING THE REMAINDER OF
THE BIENNIAL LEGISLATIVE SESSION.
  2. NO BILL REPORTED BY A STANDING COMMITTEE OF THE SENATE OR  ASSEMBLY
SHALL  BE  REFERRED  BACK  TO THAT COMMITTEE UNLESS SUCH BILL SHALL HAVE
BEEN AMENDED.
  3. EVERY BILL WHICH SHALL HAVE REACHED THE ORDER OF THIRD READING  BUT
WHICH  SHALL  NOT  HAVE BEEN ACTED ON BY THE HOUSE BEFORE THE END OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00351-01-1

S. 3061                             2

FIRST YEAR OF THE TWO-YEAR LEGISLATIVE SESSION SHALL MAINTAIN ITS  PLACE
ON  THE ORDER OF THIRD READING UNTIL THE HOUSE SHALL ACT ON SUCH BILL OR
UNTIL THE END OF THE TWO-YEAR LEGISLATIVE SESSION UNLESS SUCH BILL SHALL
HAVE  BEEN  AMENDED,  IN  WHICH CASE SUCH BILL MAY BE REFERRED BACK TO A
STANDING COMMITTEE FOR RECONSIDERATION.
  4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  BUDGET  BILLS
INTRODUCED   BY   THE   GOVERNOR   PURSUANT  TO  ARTICLE  SEVEN  OF  THE
CONSTITUTION, BILLS REQUIRING A HOME RULE MESSAGE FROM ONE OR MORE LOCAL
GOVERNMENTS PURSUANT TO ARTICLE NINE  OF  THE  CONSTITUTION,  CONCURRENT
RESOLUTIONS  TO  AMEND  THE CONSTITUTION PURSUANT TO ARTICLE NINETEEN OF
THE CONSTITUTION OR BILLS SUBJECT TO THE PROVISIONS OF SECTION FIFTY  OF
THIS ARTICLE.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law;  provided,  that  the
senate  and assembly shall, by concurrent resolution, adopt rules neces-
sary to implement this act within twenty days after such act shall  have
become a law.

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